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unlawful presence

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Does an individual with a pending adjustment of status application continue to accrue unlawful presence? Deportation & Humanitarian ImmigrationImmigration

Does an individual with a pending adjustment of status application continue to accrue unlawful presence?

An individual with a properly filed pending application to adjust status does not accumulate unlawful presence while the application is pending, but would begin to accumulate unlawful presence starting on the day after the application is denied.
August 15, 2022
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Consequences of a noncitizen falling out of legal immigration status and accumulating unlawful presence in the United States Deportation & Humanitarian ImmigrationImmigration

Consequences of a noncitizen falling out of legal immigration status and accumulating unlawful presence in the United States

Under immigration law there two legal concepts that could potentially bar a noncitizen of the United States in seeking an immigration benefit. Legal or lawful immigration status relates to the concept of a noncitizen being present in the United States…
March 14, 2022
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My passport will expire in a few months. Will that affect my ability to be issued a visa at the consulate, or my ability to enter the U.S.? Will it impact an extension of status petition with USCIS? Immigration

My passport will expire in a few months. Will that affect my ability to be issued a visa at the consulate, or my ability to enter the U.S.? Will it impact an extension of status petition with USCIS?

I am outside the U.S. and planning to enter. For how long must my passport be valid? In general, for admission to the U.S., the nonimmigrant must present a passport that is valid until at least 6 months beyond the…
January 21, 2021
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Potential options for noncitizens subject to permanent bar based on unlawful presence. Deportation & Humanitarian ImmigrationImmigration

Potential options for noncitizens subject to permanent bar based on unlawful presence.

So, if my spouse is subject to the permanent bar because of his past unlawful presence, subsequent departure and re-entry without admission and inspection, what options if any do we have available? Honestly, not that many. One option to consider…
September 22, 2020
I filed a change of status/extension of status petition. Can I stay in the U.S. while the petition is pending? What is unlawful presence? Immigration

I filed a change of status/extension of status petition. Can I stay in the U.S. while the petition is pending? What is unlawful presence?

If you are in the U.S. on a non-immigrant visa and you filed a change of status (“COS”) or an extension of status (“EOS”) petition, you may be wondering if you can stay in the U.S. while the petition is…
May 26, 2020
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Preliminary Injunction Issued on August 2018 Unlawful Presence Memorandum for F, J, and M Visa Holders ImmigrationImmigration Law Changes &  New LawVisa Waivers

Preliminary Injunction Issued on August 2018 Unlawful Presence Memorandum for F, J, and M Visa Holders

On May 18, 2018, USCIS issued a memorandum announcing that it will radically revise how unlawful presence is accrued for students and exchange visitors who fail to maintain their F, J, or M visitor status. For the information on the…
May 7, 2019
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USCIS Issues Revised Guidance on Unlawful Presence for F, J, and M Nonimmigrants Deportation & Humanitarian ImmigrationImmigrationImmigration Law Changes &  New Law

USCIS Issues Revised Guidance on Unlawful Presence for F, J, and M Nonimmigrants

On May 18, 2018, USCIS issued a policy memorandum announcing that it will radically revise how unlawful presence is accrued for students and exchange visitors who fail to maintain their F, J, or M visitor status. To learn more about…
August 10, 2018
What is the Diversity Lottery? When does the Diversity Lottery open? Can I apply for the Diversity Lottery if I am in the U.S. without status? Immigration

What is the Diversity Lottery? When does the Diversity Lottery open? Can I apply for the Diversity Lottery if I am in the U.S. without status?

The Diversity Lottery is a program that provides green cards for people from countries with historically low rates of immigration through a lottery system. 50,000 green cards will be awarded for Fiscal Year 2018 (which begins on October 2017), and…
September 16, 2016
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